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Global Grain

On the 18-20 November, Holman Fenwick Willan participated in the Global Grain Conference 2008, held at the Hotel President, Geneva.  HFW was one of the headline sponsors and partner Damian Honey presented on the effects of the credit crunch in relation to grain.

Comments

Rule B attachments for GAFTA sale contracts? This is a developing area but are claims arising under GAFTA contracts “salty” enough to come within the maritime jurisdiction of the NY court?

Damian did an excellent job taking over from Brian to give the HFW presentation at GlobalGrain2008 last week while Brian was occupied for the FFA and probably the pirates. Would appreciate some comment from Brian as to the FFA situation and if there is anything regarding the pirates the trade should do.

Brian has asked me to respond to the comment made by James Dunsterville in relation to whether there is anything the trade can do regarding the current Piracy Crisis in the Gulf of Aden, as myself and fellow Partner James Gosling are coordinating our specialist piracy team here at HFW. The first point to make is that each and every contract, deal, arrangement and situation has to be dealt with on their own facts and merits. We have seen contracts where the most minor detail has had a dramatic effect on the outcome and the advice.

Traders certainly need carefully to consider all their standard and bespoke wordings and see if the clauses and terms really deal with the current situation in the GoA.

Insurances also need to be checked, not least as if the worse happens and there is a detention there may well be claims for delay and deterioration of cargo. Although to date the pirates have released vessels and cargo without having themselves caused harm the delays have in many of the cases been extensive.

Please also see the interesting exchanges on our Piracy Blog.

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